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Overview

When local communities heard that Dairi Prima Mineral's proposed zinc mine in their earthquake prone region would require a tailings dam to sit behind a 25-meter-high wall to prevent toxic waste flowing downstream, they were understandably very concerned.

Feeling that they had been kept in the dark by the authorities, the community members decided to get informed and get organized. BAKUMSU is helping them by acting as their legal representatives and assisting them obtain independent technical advice on the risks of the mine.

  CASE FILE
Location: Indonesia – Dairi Regency, North Sumatra
Project Zinc Mine
Companies: Dairi Prima Mineral, China Nonferrous Metal Industry’s Foreign Engineering and Construction Co. Ltd. and Bumi Resources Minerals
Key concerns: 1. High risk of a catastrophic tailings dam failure following earthquake or storm events  
2. Human safety
3. Environmental damage
4. Population displacement
5. Lack of information, community consultation and consent
Community goals: Cancellation of the project because it does not meet international environmental and safety standards and was in a location where mining would create a disaster.
Key investors and financiers:

Previously, the Postal Savings Bank of China, the International Finance Corporation's financial intermediary, has provided a working capital loan to the mine's parent company, China Nonferrous Metal Mining Co Ltd (NFC). Those ties have now been broken.

Dairi Prima Mineral reported that it expected to raise 80% of the mine’s cost
(approximately $366 million) through project loans. Carren Holdings
Corporation Limited will provide a $245 million loan. Carren Holdings
Corporation Limited is a company registered in Hong Kong, which is fully
owned by the Chinese state-owned investment company CNIC Corporation
Limited (國新國際投資有限公司), also registered in Hong Kong. CNIC
Corporation is ultimately controlled by the Chinese state-owned investment
holding company China Reform Holdings Corporation (中国国新控股有限责任
公司)

Our partners: Inclusive Development International, Mining Advocacy Network (JATAM), YDPK, PETRASA

Residents in 11 villages downstream of the Dairi Prima Mineral project have many questions and concerns regarding plans for a zinc and lead mine in an area that seismic experts describe as one of the most earthquake-prone areas in the world.

The proposed tailings dam to contain the mine's toxic waste would sit atop the fault complex that produced the magnitude 9.1 earthquake that caused the 2004 tsunami. The area is also prone to heavy rains and landslides, making the ground particularly unstable.

Richard Meehan, a Stanford University engineer who has studied dams for more than 40 years, has examined the project and the EIA Addendum document prepared by Dairi Prima Mineral. In his view, disaster is just a matter of time. There will be a major earthquake, which according to him is almost certain to occur, where a dam collapse will release millions of tons of mud and toxic waste into the nearest hamlet, Sopokomil, according to the computer modeling he has done. 10 more villages are located down from the mine.

The risk of a catastrophic dam failure would continue to pose a threat to local communities in perpetuity, long after the mine is closes.

Concerned about the impact of the mine on their way of life and the environment they depend on, the Toba and Pakpak communities contacted Indonesian and international organizations for help.

In 2019, Inclusive Development International mapped the investment chain behind the project and helped communities communicate their concerns with various stakeholders. The investment chain analysis found that the International Finance Corporation (IFC) indirectly supported Dairi Prima Mineral through its equity investment in Postal Savings Bank of China. This allowed the public to submit a complaint to the IFC Ombudsman's Compliance Advisor. This resulted in a report that said IFC had failed to implement their safeguard policies, and the mine represented an extreme risk to communities. Postal Savings Bank of China divested from NFC. Still NFC and DPM continued with their plans.

In early 2019, the Ministry of Environment and Forestry informed DPM that, because they had significant changes from the plans attached to the previous 2005 environmental permit, a new environmental permit was needed and that an “ANDAL Type A Addendum” document was required. Dairi Prima Mineral made different versions of the addenda in 2019, 2021 and 2022,

To better understand the risks posed by the proposed mine, and in an effort to protect their way of life and the environment on which they depend, the Toba and Pakpak communities in collaboration with a coalition of Indonesian NGOs asked BAKUMSU to requested world-leading mine hydrology and civil engineering experts to review the EIA Addenda. Those experts were shocked. They found prolific errors in all versions of the Addenda. They found that DPM planned a mine tailings dam on top of unstable foundations. They predicted the tailings dam, if built, would leak or collapse, potentially sending millions of tons of toxic waste over villages and down the stream system (which is also the water supply for villages). Even before it would collapse, after completion it would overflow 15% of the time, sending untreated water into streams. The expert reports and the community concerns were provided to the Indonesian Ministry of Environment and Forestry. Incredulously, in 2022, the Ministry of Environment and Forestry, provided DPM with “Environmental Approval”. Communities have challenged that approval at the Jakarta Administrative Court, which ruled that all aspects of the community complaint were valid. The Ministry of Environment and Forestry had failed to implement proper governance and were directed by the court to revoke DPM’s approval.

Both the Ministry of Environment and Forestry and DPM appealed that decision to the High Court. The High Court then ruled in favor of Ministry of Environment and Forestry and DPM. Infuriated by the High court decision, which seemed to go against human rights laws and logic, communities have appeal to the Indonesian Supreme Court.

All of this is in an environment of the Indonesian Government trying to position itself as a hub for critical mineral mining and manufacturing - as part of a global transition to cleaner energy. But there is nothing clean about allowing mines that could kill hundreds of people and destroy river systems. The case in the Supreme Court is also really a test of whether the Indonesian Government is serious about its claims of managing mining for clean energy. The fact that an Indonesian Ministry is backing a dangerous company like DPM does not bode well.

The Supreme Court case is a test case for the Indonesia courts – can the courts hold accountable a government Ministry that is meant to protect people and the environment but is siding with a company wanting to create a human and environmental disaster?

Background to the case

Dairi Prima Mineral is planning to build an underground mine to commercially extract zinc, lead and silver ore in a mountainous area of North Sumatra, Indonesia. Zinc will be the focus of the mine.

Dairi Prima Minerals is an Indonesian joint venture between the Beijing-based mining conglomerate China Nonferrous Metal Industry’s Foreign Engineering and Construction Co., Ltd. (NFC) and Bumi Resources Minerals, a subsidiary of the Indonesian coal-mining giant Bumi Resources.

The concession area contains about 5% of the world's zinc reserves. This project began in 1998, when Dairi Prima Mineral received permission from the Indonesian government to explore for metals in an area of 27,420 hectares. The project is predicted to cost about $450 million. Dairi Prima Mineral proposes using underground mining techniques when extracting ore and bringing it to the surface. The ore will then be concentrated in facilities to be built near the mine. The concentrate ore will likely be transported to a smelter to be built in Indonesia, where it will be refined and used for a variety of consumer and industrial goods, particularly cars.


Dairi Prima Mineral claims that most of the waste from the mine will be mixed with cement and injected back underground; millions of cubic meters of remaining toxic waste will be stored in a tailings dam that the company says will be located 2 kilometers from the mine. The height of the dam wall is unclear. Initially DPM have said a 25-meter high dam wall is required for mining period of 8 years but DPM have referred to different mine life from 8 years to 30 years - a longer mine life will require a large tailings dam and create more potential for disaster. There is also considerable uncertainty about how much tailings can be put back into the underground cavity (mixed with cement) and how much will be left to be stored in a tailings dam. Technical experts are saying DPM is seriously under-stating just how much tailings will need to be stored in a dam.


The big issue is, if not properly located, constructed and maintained, tailings dams can fail, releasing toxic waste into the surrounding environment. Even those that claim to implement more modern security measures have a high failure rate (2 to 5 per year worldwide). One major tailings dam collapse in Brazil was captured on camera (https://www.youtube.com/watch?v=NK6EDKOys5E ). In that Brazilian disaster 272 people were killed and hundreds of kilometers of river system were poisoned. This is the sort of disaster the proposed DPM tailings dam could create.


An expert report commissioned by a consortium of NGOs on the seismic risk posed by Prima Mineral's Dairi project concluded that “The Dairi Mine is located in one of the highest risk areas in the world,” located near the Sumatra subduction Megathrust which in 2004 and 2005 produced earthquakes respectively power 9 and 8+ respectively. The mine site is also only 15 kilometers from the Great Sumatran Fault which produces long-term or repeated earthquakes, known to be capable of damaging civil structures such as tailings dams (especially “wet tailings”, such as will be generated in Dairi). These factors, combined with the region's torrential annual rainfall, led the study authors to estimate that “within decades of deposit 'closure',” a sudden tailings dam failure caused by an earthquake would send “a wave of liquid mud over the region” downstream to the north.”


The social and environmental impacts of a collapse could be catastrophic. Dam collapses in other regions of the world – even without a high risk of earthquakes – have destroyed countless villages, killed hundreds of people, and poisoned the environment for generations. There are around 11 villages around or downstream of the proposed Dairi Prima Mineral mine. Study by Dr. Richard Meehan to the Mineral Dairi Prima AMDAL Addendum ( short written report and video report ) concludes that not only were the risks not adequately weighed, the geological information on the location of the proposed tailings dam appears to be being withheld – further increasing concerns about the commitment mines to safety and environmental protection.


Study of the Dairi Prima Mineral AMDAL Addendum by technical expert Dr. Steve Emerman concluded that the Dairi Prima Mineral mine, if built in China, would violate new Chinese regulations created after the tailings dam disaster in Brazil. This practice is illegal there because it can pose unacceptable risks to human life – yet Dairi Prima Mineral apparently intends to build its mine and tailings dam in Dairi - within 400m of a settlement, with churches and mosques where large numbers of people could congregate.


Lead-zinc mines such as those owned by Dairi Prima Mineral are some of the most environmentally problematic mines in the world. The mine will extract sulfide ore, which can form sulfuric acid when it reacts with water and oxygen. Acidic conditions can cause acidic mine drainage where heavy metals dissolve in the water and then spread throughout the water system. Technical expert Dr. Steve Emerman found that the EIA DPM Addendum does not account for these risks according to international standards. The risk of flooding is underestimated and there are no adequate provisions for containing toxins. He estimates that the tailings dam, when complete, would overflow, emptying untreated water into water supply streams 15 of the time.

Previous Media Reports

English Language

Indonesia: Dairi community protests Chinese state-owned CNIC Corporation’s $245 million financing for Dairi zinc and lead mine; incl. co. non-response – Business & Human Rights Resource Centre (business-humanrights.org)

Chinese involvement in Indonesia mining project sparks protests, concerns of environmental disaster | South China Morning Post (scmp.com)

Indigenous Communities Rally in Jakarta Against Chinese Zinc Mining – The China-Global South Project (chinaglobalsouth.com)

中资矿场获贷款引发印尼民众抗议,环境风险担忧升级 (voachinese.com)

Sumatera Women Farmer Celebrate Court Win Against China-Backed Zine Mine 

 https://thediplomat.com/2021/01/disaster-shadows-chinese-mining-ventures-in-southeast-asia/

https://www.scmp.com/week-asia/health-environment/article/3094889/ifc-watchdog-investigates-postal-savings-bank-china

https://www.smithsonianmag.com/history/true-story-aberfan-disaster-featured-crown-180973565/

https://e360.yale.edu/features/mining-project-could-wipe-out-rural-villages-indonesia 

https://www.dw.com/en/proposed-tailings-dam-for-indonesian-zinc-mine-almost-certain-to-collapse/a-57759073

https://chinadialogue.net/en/bussines/indonesian-community-seeks-world-bank-mediation-against-chinese-owned-zinc-mine/

 

Indonesian Language 

https://www.dw.com/id/kemelut-tambang-di-zona-gempa-dairi-sumut/av-57853253

The Indonesian government has been accused of endangering lives with its January 2023 zinc mining permit

Kala Warga Dairi Tuntut Setop Pendanaan ke Tambang Seng – Mongabay.co.id

 

 

Press Conferences

Press Release November 2023: Mining-affected communities vow a Supreme Court appeal to block DPM mine approval

Mining-affected communities vow a Supreme Court appeal to block DPM mine approval November 2023

 

Press conference July 2023: Victory for Dairi Citizens. Indonesian Court Orders Revocation of DPM Environmental Approval. Government must respect and implement

  1. Court Verdict: https://sipp.ptun-jakarta.go.id/index.php/detil_perkara, then enter case number (59/G/LH/2023/PTUN.JKT)
  2. Media announcement for Community/NGO press conference 27 July 2023
  3. Press release 27 July 2023.
    Siaran Pers 27 Juli 2023 (Bahasa Indonesia)

 

Press conference February 2022: CAO to review risky Dairi Prima Mineral mine project in North Sumatra

  1. Press Release 2 February 2022

 

Press conference October 2021: Chinese Indonesian joint venture mine breaches Indonesian laws, threatens communities

1/. Press release 13 October 2021

2/. Video presentation by Barisman Hasugian, Community representative_ October 2021

3/. Video presentation by Menteria Situngkir, Community representative_ October 2021

4/. Video presentation by Mr. Tongam Panggabean, Executive Director of BAKUMSU_ October 2021

5/. Video presentation by Deaconess Sarah Naibaho, executive Director of Yayasan Diakonia Pelangi Kasih (YDPK)_October 2021

6/. Video presentation by Dr. Steve Emerman, mine hydrology expert_ October 2021

7/. Video presentation by Dr. Richard Meehan dam stability expert_ October 2021

8/. Video Presentation by Mr. Muhammad Jamil, JATAM_ October 2021

9/. Report by Dr. Steve Emerman, mine hydrology expert_ September 2021

10/. Report by Dr. Richard Meehan, dam stability expert_ May 2021

11/. Drone footage of “stone column testing” conducted by DPM

12/. Link to letter from the Bishop of the HKBP Church

13/. Legal Compliance Analysis of DPM tailings storage facility_September 2021

 

Press Conference 02 June 2021: DPM Cannot Be Trusted, KLHK Must Reject Environmental Approval of PT DPM

 

Press conference 10 March 2021: Communities call on the Indonesian government to reject risky mine that Chinese developer would not be allowed to build in China.

Press Release March 2021

Summary of reasons the Indonesian Ministry of Environment and Forestry should refuse to approve the DPM EIA Addendum March 2021

Presentation from Community representative, Ms. Rinawati Sinaga March 2021

Presentation from Community representative, Mr. Hodwin Hutasoit March 2021

Presentation from Community representative, Ms Esra Sibaban March 2021

Presentation by Technical Expert, Dr. Steve Emerman March 2021

Presentation by Technical Expert, Dr. Richard Meehan March 2021

Summary of a review of the DPM EIA Addendum by Dr. Richard Meehan_December 2020

Presentation by Mr. Tongam Panggabean, Executive Director, BAKUMSU March 2021

Presentation by Merah Johansyah, National Coordinator of JATAM March 2021

Presentation by Mr. David Pred, Executive Director, Inclusive Development International March 2021

Reports and Resources

Public Letter to CNIC and CRHC 致国新国际、中国国
新的公开信

Public Letter to CNIC and CRHC 致国新国际、中国国新的公开信

Attachment 1_附件1:CAO关于达瑞铅锌矿项目之合规调查报告_compressed

Atachment 2_附件2:理查德·米汉对达瑞铅锌矿项目2019年环评变更之简评 Meehan 2019 brief

Atachment 3_附件3:理查德·米汉对达瑞铅锌矿项目2021年环评变更之分析:矿址风险与尾矿处置安全问题 Meehan analysis 2021 Addendum

Atachment 4_ 附件4:史蒂文·埃默曼对达瑞铅锌矿项目2021年环境评估变更的水文设计之分析 Emerman analysis 2021 Addendum

Attachment 5_附件5:民众请愿书(中文翻译)Pe􀆟􀆟on

Atachment 6_ 附件6:史蒂文·埃默曼博士(Steven Emerman)对达瑞铅锌矿项目2022年最终环评变更之分析

Atachment 7_附件7:专家理查德·米汉(RICHARD L. MEEHAN)对达瑞铅锌矿项目2022年最终环评变更之分析

Women’s rights Commission report into DPM 2023 (Ind) .

(English Version) DPM_Review of final 2022 EIA Addendum_Dr Steven Emerman 

(English Version) Dairi Meehan review of 2022 Addendum_by Richard Meehan civil engineer

(Chinese Version) Richard Meehan analysis of DPM 2019 EIA Addendum Updated 5 July 2022 

(Chinese Version) Richard Meehan on DPM site risks and Tailing disposals 19 July 2022

(Chinese Version) Review of the DPM EIA Addendum 2021 by Dr Richard Meehan  Updated Feb 2022

(English Version) Review of DPM’s 2021 EIA Addendum by Dt Steve Emerman 08 August 2021 

INTERNATIONAL REPORT: Safety First: Guidelines for Responsible Mine Tailings Management June 2020

 

CAO Latest Report

  1. CAO_Compliance_Appraisal Report_PSBC_Indonesia_July_2022_

 

Public Information Dispute of Dairi Community with the Ministry of Energy and Mineral Resources regarding PT DPM Documents May - July 2022

  1. Dairi Resident Wins at PTUN Jakarta, Ministry of Energy and Mineral Resources Must Comply with Court's Decision 5 July 2022
  2. Amicus Curiae KOMNAS HAM at PTUN JAKARTA June 2022 
  3. ASTRID DEBORA S.M, S.H, M.H Expert Statement at PTUN Jakarta June 2022
  4. Expert Statement DR. AHMAD REDI S.H, M.H at PTUN Jakarta June 2022
  5. Solidarity Action from Jakarta for the Dairi People June 2022
  6. Dairi People's Action at the DPRD Office in Sidikalang June 2022
  7. Solidarity Action from Medan for the People of Dairi July 2022

 

Public Information Dispute of Dairi Community with the Ministry of Energy and Mineral Resources regarding PT DPM Documents February 2022

  1. Decision Result of Public Information Commission in Public Information Dispute (Indonesian only) February 2022
  2. Dairi Community Wins in Information Dispute Against Ministry of Energy and Mineral Resources February 2022
  3. Press Release: Dairi Community Wins Lawsuit Against Ministry of Energy and Mineral Resources in Public Information Dispute February 2022
  4. East Kalimantan Jatam and Dairi Residents Submit Answers to Objections Ministry of Energy and Mineral Resources: Ministry of Energy and Mineral Resources Does Not Have Good Will to Support Transparency March 2022
  5. VIDEO Lawsuit Wins, Ministry of Energy and Mineral Resources Conducts Appeal April 2022

 

Latest Report

Report on the Level of Community Free, Prior and Informed Consent: For the proposed Dairi Prima Mineral Mine February 2022

Video report reviewing the DPM EIA Addendum by Dr. Richard Meehan_December 2020

Summary of a review of the DPM EIA Addendum by Dr. Richard Meehan_December 2020

Review of the DPM EIA Addendum by Dr. Steve Emerman_ August 2020

Legal analysis of the DPM mines by BAKUMSU and JATAM August 2020

Water Supply study August 2020

LAPORAN  INTERNATIONAL: Panduan Keselamatan Kerja: Untuk Tata Kelola Limbah Pertambangan yang Bertanggung Jawab Juni 2020

Preliminary report from Dr. Richard Meehan_April 2020

Preliminary report from Dr. Steve Emerman December 2019

Mineralogy and Geochemistry of Host Rock and Orebodies at Anjing Hitam March 2019

Legal and human rights empowerment for social and ecological justice

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